§ 1942. Petroleum distributor licensing fee
(a) There is hereby established a licensing fee of one cent per gallon of motor fuel sold
by a distributor or dealer or used by a user in this State, that will be assessed
against every distributor, dealer, or user as defined in 23 V.S.A. chapters 27 and 28, and that will be deposited into the Petroleum Cleanup Fund established pursuant
to subsection 1941(a) of this title. The Secretary, in consultation with the Petroleum Cleanup Fund Advisory Committee
established pursuant to subsection 1941(e) of this title, shall annually report to the General Assembly on the balance of the Motor Fuel Account
and shall make recommendations, if any, for changes to the program. The Secretary
shall also determine the unencumbered balance of the Motor Fuel Account as of May
15 of each year, and if the balance is equal to or greater than $7,000,000.00, then
the licensing fee shall not be assessed in the upcoming fiscal year. The Secretary
shall promptly notify all sellers assessing this fee of the status of the fee for
the upcoming fiscal year. This fee shall be paid in the same manner, at the same time,
and subject to the same restrictions or limitations as the tax on motor fuels. The
fee shall be collected by the Commissioner of Motor Vehicles and deposited into the
Petroleum Cleanup Fund. This fee requirement shall terminate on April 1, 2031.
(b) There is assessed a licensing fee of one cent per gallon for the bulk retail sale
of heating oil, kerosene, or other dyed diesel fuel sold in this State. This fee shall
be subject to the collection, administration, and enforcement provisions of 32 V.S.A. chapter 233, and the fees collected under this subsection by the Commissioner of Taxes shall
be deposited into the Petroleum Cleanup Fund established pursuant to subsection 1941(a) of this title. The Secretary, in consultation with the Petroleum Cleanup Fund Advisory Committee
established pursuant to subsection 1941(e) of this title, shall annually report to the General Assembly on the balance of the Heating Fuel
Account and shall make recommendations, if any, for changes to the program. The Secretary
shall also determine the unencumbered balance of the Heating Fuel Account as of May
15 of each year, and if the balance is equal to or greater than $3,000,000.00, then
the licensing fee shall not be assessed in the upcoming fiscal year. The Secretary
shall promptly notify all sellers assessing this fee of the status of the fee for
the upcoming fiscal year. This fee provision shall terminate on April 1, 2031. (Added 1987, No. 282 (Adj. Sess.), § 2, eff. April 1, 1989; amended 1989, No. 110, § 9, eff. June 20, 1989; 1993, No. 188 (Adj. Sess.), § 2; 1997, No. 132 (Adj. Sess.), § 9, eff. April 23, 1998; 2003, No. 48, § 2, eff. June 2, 2003; 2003, No. 153 (Adj. Sess.), § 2; 2007, No. 18, § 4; 2007, No. 192 (Adj. Sess.), § 7.006; 2009, No. 4, § 127, eff. April 24, 2009; 2009, No. 22, § 5; 2009, No. 160 (Adj. Sess.), § 43; 2011, No. 143 (Adj. Sess.), § 1; 2013, No. 55, § 4, eff. May 30, 2013; 2017, No. 168 (Adj. Sess.), § 11, eff. May 22, 2018.)